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Capacity & Court of Protection
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at private client practitioners with an interest in capacity and Court of Protection issues. It aims to give an overview of the law of deprivation of liberty and an insight into how this has developed in practice. The podcast includes useful examples of the type of questions the Court has been asked to determine in making the decision to deprive the liberty of a vulnerable individual and highlights the practical guidance which has resulted from such cases.

After completing the course you will:
  • Understand what is meant by ‘deprivation of liberty’ and the circumstances under which it occurs;
  • Be aware of the legal framework governing deprivation of liberty;
  • Know how the law is applied in practice and the guidance which has developed;
  • Understand the different types of authorisations which can be granted and how a decision to deprive liberty can be challenged;
  • Understand the distinction between restriction of liberty and deprivation.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Sources and References:
  • A v London Local Authority v JH [2011] EWHC 2420 (Fam);
  • Austin v Commissioner of Police of the Metropolis case [2009] UKHL 5;
  • Austin v United Kingdom [2012] ECHR 459;
  • Cardiff City Council v Peggy Ross & Norman Davis in 2011 COP Case No 12063905;
  • Care Standards Act 2000;
  • CC v KK & STCC [2012] EWHC 2136 (COP);
  • Cheshire West & Cheshire Council v P [2011] EWCA Civ 1257 [2012] 1 FLR 693;
  • EM v SC & CM [2012] EWHC 1518 (COP);
  • European Convention on Human Rights, Article 5;
  • Guzzardi v Italy (1981) 3 EHRR 333;
  • HL v the United Kingdom, the Bournewood Judgment (2004) Application No 00045508/99;
  • LLBC v TG, JG and KR [2007] EWHC 2640;
  • Mental Capacity Act 2005;
  • Mental Health Act 2007;
  • P & Q v Surrey CC [2011] EWCA Civ 190 [2011] 2 FLR 583.

In this podcast, Miranda-Allardice, a barrister at 5 Stone Buildings discusses the law in relation to deprivation of liberty safeguards. The podcast explains the legal framework which governs the circumstances under which deprivation of liberty can occur and what is involved in Court of Protection proceedings.


Date Recorded: 15th April 2013

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